Review process OK'd officer after 5 fatal shootings

The police officer who fatally shot an unarmed Scottsdale grandfather on Feb. 14 was investigated in a seven-step review process each of the five other times he killed a person in the line of duty, a sergeant said this week.

Each time, the shootings were found to be within policy, said Sgt. Mark Clark, a department spokesman. Each time, Officer James Peters' actions were scrutinized by seven different bodies, including the Maricopa County Attorney's Office, Clark said.

"We talk to every witness available," Clark said. "We talk to all the officers. They canvass the neighborhood. They knock on every door."

Clark was responding to a federal lawsuit filed Monday by the American Civil Liberties Union of Arizona and a Chicago law firm regarding the Feb. 14 fatal shooting of John Loxas, 50, who was holding his 7-month-old grandson when Peters fired a single, fatal shot to Loxas' forehead.

The lawsuit, filed on behalf of Loxas' daughter and father, claims the the city and Police Chief Alan Rodbell failed to adequately investigate previous shootings, which led to Loxas' death. Had Officer James Peters, 37, been thoroughly investigated after his prior five fatal shootings since 2002, he would not have been on duty and able to fire at Loxas, the suit contends.

"Our lawsuit alleges that the department had no business trusting him with a gun after he had killed so many other residents," said John Loevy of Loevy & Loevy, a Chicago firm.

The day Loxas died, neighbors had called police, reporting he had waved a gun at them. Peters was one of six officers who responded to the call on the 7700 block of East Garfield Street.

Loxas held his grandson in his arms and turned from police to go back inside his home when Peters fired, according to reports. Police said it appeared Loxas had something in his hand, but it was later determined he was not armed. A loaded gun was found inside the house.

The case, the ACLU contends, is "eerily" similar to a 2008 incident in which two Scottsdale officers fired at another man, David Hulstedt, who was holding an infant, leaving Hulstedt paralyzed.

Clark said Rodbell is one step in the seven-step use of force-review process. The Violent Crimes Unit, Internal Affairs, the Maricopa County Attorney's Office, city of Scottsdale attorneys, Risk Management and the Deadly Force Review Board, which includes a civilian, are part of each investigation.

Clark said the department's procedures meet federal standards, as the department has been nationally accredited for the past 15 years.

The city is in the second step of the investigation into Peters' use of deadly force against Loxas, Clark said.